Cupples Mercantile Co. v. Bow
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damages. Judgment for plaintiff. Appeal from order denying new trial. The authorities do not agree upon the question of whether or not turning a vehicle to the left in violation of the law of the road is negligence per se, but the weight of authority is to that effect under the facts in this case.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for damages. Judgment for plaintiff. Appeal from order denying new trial. The authorities do not agree upon the question of whether or not turning a vehicle to the left in violation of the law of the road is negligence per se, but the weight of authority is to that effect under the facts in this case. (Lloyd v. Calhoun, 82 Wash. 35, 143 Pac. 458.) The presumption is against the person on the wrong side of the road. (Huddy on Automobiles, sec. 77; Cooley on Torts, p. 666;…
1Opinion of the CourtMorgan, C. J.
While traveling at night in an automobile along a public highway in a westerly direction appellants collided with an automobile belonging to respondent, in charge of one of its officers, traveling in an easterly direction. The middle portion of the highway, a space about 16 feet wide, was paved and there .was a graveled strip from two to four feet wide on each side of the pavement.
Appellants testified they were traveling along the extreme northerly border (their right-hand side) of the paved portion and that respondent’s car was somewhat north of the middle of it; that as the ears approached…
2Cases cited13 opinions
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Broschart v. TuttleSupreme Court of Connecticut · 1890
- Brown v. HardinIdaho Supreme Court · 1917
- McFern v. GardnerMissouri Court of Appeals · 1906
- Riepe v. EltingSupreme Court of Iowa · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Quillin v. ColquhounIdaho Supreme Court · 1926
- Hamilton v. CarpenterIdaho Supreme Court · 1930
- Hill v. PeresCalifornia Court of Appeal · 1934
- Griffen v. Lincoln Traction Co.Nebraska Supreme Court · 1929
- Klaus v. Soloman Valley Stage Lines Co.Nebraska Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.